So if I'm at a restaurant in France and I ask for a Coke, and the waitress says "Is Pepsi ok?" the restaurant could be liable ?
It depends ; if they have both, yes ; if they have an exclusive contract with pepsi, no.
This in fact is not as impossible as it may sound ; I know first hand someone who happened to be caught in a situation of this kind ; on his first arrival in Paris, he took the phone and asked the YP for a Taxi company number. He was told that they weren't allowed to choose one on his behalf. So he said, whatever, give me all companies numbers ! The reply was : there are 3 of them, and we can only give two phone numbers per call...
Just because that's how it is in France doesn't make it right.
It makes it right in France, only in France, but on our whole territory without exception.
How's this for an argument: A Frenchman says to an American that the war in Iraq is illegal and unjust. The American reply's: shove it Frenchy... Preemptive wars are how we do things in America. Therefore, it's just and legal.
You're making a confusion ; when we say it's illegal for the USA to invade Irak in front of international laws, it just means we won't send troops, we won't pay, the ONU won't spend money to help you. Appart from that, you of course do as you please, if you're happy to spend thousands of american lives in a pointless venture, and a couple of billons, it's your problem. As long as I don't pay for it, I don't care. Now, try sending troops in Little Britany, and the nature of the problem will be very different.
My problem? I just want to be able to use search engines, even when I am in France.
The question is not about search engines, but about a corporation masquerading behind a search engine to promote an illicit advertizing service.
Perhaps as a laywer you can give some insight about why Google needs to care at all about French law and French court judgements? Provided it doesn't operate any office or facilities in France.
Trouble is, they do. And they do because they think they have a financial interset in doing so. But after all, they have option : either they comply with our law, and make advertizing the way we think it's acceptable in our country, either they leave. We've got plenty of search engines already complying with our laws, we don't need another one pushing those out of the market by using illegal sources of income ! What would you think of it, if some companies would try to settle wrongfully in the US, using illicit money to gain top places on markets, therefore taking an edge over law-compliant competitors ? Oh, yes, you've already Microsoft,forget it.
you say this lawsuit isn't about anti-Americanism, but your comment reeks of it.
Absolutely not ; the scope is much broader, covering Bruxelles' eurocrates, international companies CEO, and in fact all those who think that when the law doesn't fit their own private intersets, it's up to the law to change, and up to them to comply because they have the cash. Laws were and are made for the people, not private interests.
Since France has had a law for this for 100 years, it must be good and just! Who cares if it's backwards and outdated?
The root of this decision is the 1382th art. of the Civil Code ; rip it away, and you simply have no more civil law because this is the most fundamental article on civil liability. Some may prefer it, but I'm nearly sure you wouldn't like it on your personal scale. It's there since 1804, and you can find it worded about the same in the roman law before it. May I add that most european countries have exactly the same principle ?
I mean has anyone seen any pepsi/coke ads lately ? They feature their competitors unabashedly. I know it's not quite the same thing, but the premise is ridiculous: "No one should hear about the competitor's products when ours are mentioned". I mean sure, that's nice to have it that way and all, but it seems a tad silly, no?
Those adds are also forbidden in France ; if you believe we're spoon-fed the same ad campaigns you've got on MTV, you're dead wrong. And any big international company knows it since a long long time. Google should definitvely have known it as well.
The parent article is awfully misleading. Our legal systems differ on trademarks enforcement, and google fell in a trap it should have avoided by simply asking a competent local lawyer. Who's concerned ? google.FR ; why ? so-called anti-americanism ? Bullshit. We've got cases of the very same nature dating back to the 19th century between french firms. Google pobably thought they could come down there and do business as they see fit, but we're not a 3rd world country, and you can't bribe judges to twist the law. It has nothing to see with governement either.
So what's it all about ? Unfair competition. It has been ruled for over a 100 years that it is a civil wrong for a company to use the efforts made by another firm to promote its trademarks. Little example : A has a trademark 'a' ; B pays 'wall mart' for, whenever a consummer wants 'a' product, to give him a discount on 'b' product, or advertize 'b'. Why ? because B is in fact capitalizing on the money A spent to have 'a' trademark known to the public, without paying back A for this effort, thus 'stealing' it from A. 'wall mart' is wrongfully getting a profit out of it either.
The case of YP is different, because when one checks the YP, it looks for a type of good or service, and the YP comprehensively lists all the places you can find one, in alphabetical order, and no discrimination ; you can't check the YP for a trademark.
You may have a different opinion in the USoA, but know what ? We don't care.
In the modern history of the occidental world would probably more accurate. Just think how many churches ' wall paintings of the XVth - XVIth century were collaborative work, and the time span needed to actualy build those churches. Yet they offer a tight integration of different archiects visions as well as unity of artistic realisation.
OpenOffice is too busy trying to imitate Microsoft Office. And don't get me started on the Gimp. Again, great idea, but the user interface is a travesty.
So basically, you mean that imitation is bad, but whenever a soft goes its own way, it's bad because the average Joe user is lost ?
So what is your proposal, appart from all selling our souls to Bill ? I admit there is a sense of efficiency in it - the same efficiency that finally drove DEC out of buisness for having thought that they earned the computer buisness with the pdp / vax and didn't understood that users wanted alternatives they finally found in the microcomputers.
Clearly, Microsoft might be successful in locking the micro buisness, firefighting every attempt from outsiders to settle in it ; but they'll lost in the long term, because they'll fail to admit that the market can go away. I don't know wether it will be via pda's, smartphones or whatever, but my strong feeling is that the computer as we know it is doomed because microsoft is locking it, urging the innovation to find a new niche.
Re:Linux Desktop Thoughts...
on
Linux, Inc.
·
· Score: 1
French is not an official language of the US;)
I thought that the official version of the Civil code of Louisina is the 1875 (if I remember well) french version ; there is an english translation for day to day use, but whenever versions differs, the Judge should apply the french one. Therefore, french is still an official language for some purposes in the US.
Disclaimer : I'm not an US lawyer.
My guess is that spywares would be difficult to find if they are embeded into wires (say from keyboard to case) ; would work regardless of the operating system, and would need sharp eyes to get spotted.
Beyond that, why oh why oh why does every word processor default to changing e-mail addresses to clickable links? If my document is formatted in black 12 pt Arial I do NOT want anything on my page changed into blue underlined Times New Roman.
If I had mod points, I'd have given you all of them. Just to add my little grain of salt : I haven't tried the new version yet, but all the previous releases I looked at missed one absolutely crucial feature : they just couldn't create footnotes. When you're in the humanities, that's an absolute NO GOOD.
I'm a happy Qemu user on fedora 2 ; although not as flexible as plex86 wrt host architecture, nor as polished as VMware, Qemu has windows support, and just does the job fine, after minor tweakings.
I've yet to try Xen, but as of now, I just need basic windows compatibility to launch closed softwares (most of them being databases of law articles on CD-ROM to copy / paste extracts in linux Openoffice for research purpose), and Qemu does just that.
Unless you consider that kids still have access to the pornography and no amount of "education" is really going to block them or persuade them from accessing it.
We've go a saying for this : a child who tumble inadvertantly over porn is not enough overlooked by the adult in charge of him, and that's the adult responsability ; a child who finds porn after looking for it is not a child anymore.
Shame on me ; that's it, and moreover it's the french word for that device. I thought there must have been another word in english, and unable to grab it from the top of my head, I used 'catapult' instead. Not surprising though wrt England history that the french word remained in the lexic.
Wouldn't current technoloy be a lot more efficient?
Probably, but you never know... plus carftsmen of the past had shared secrets which got mostly lost over time (blame wars, plague, etc.) as how to build very light and yet solid structures out of wood (and eventually, stone). Think about european cathedrals. Most of them were made without any blueprint. That's truely wonderful. Re-building a working replica sometimes is the only way to go to get back that knowledge. I once saw a documentary on our Discovery channel's sibbling, about the making of a middle-age catapult. The first real life attempts broke themselves into pieces until they managed to understand archeological evidences and set all ratios back to what they once were, and then put the thing on wheels which were not used to carry the weapon around (as was unanimously beleived), but to handle the recoil. Then, they achieved pretty nice accuracy out of what was thought to be a primitive device.
My belief is that whatever we feel about it, RFID is such a major improvement over paper tags that it WILL be used. So it's not a debate between ow, wonderful, look at ALL those neat uses and but that MIGHT be used wrongfully.
The debate is how the consummers will organise to set limits on the use of it ; for instance refuse the rfid to be made PART of the good (molded in the plastic of a handle for instance), and force the producer to leave the possibility to rip it after purchase.
Where not possible (for rfid embeded into a ID card), the citizens should have a LAW passed to clearly limit the scope of use, with regards to WHO may know, and WHAT should be known. And make abuses criminal under the law.
I bet what a fair share of the commission members (including the president) found most disturbing was to realize they were badly intoxicated by their self erototoxins, because I can't imagine they just discovered there was p0rn available on the net.
I didn't know that dolphins swim faster than 100 km/h!
Available figures are ranging from 20 km/h to 40 km/h for "normal speed" (depending on the species), with a record of 56 km/h. I agree it's nowhere near 100 km/h, but 100 km/h is for a racing motor boat with over 250 hp ; how much HP are packed in a dolphin ? Not much more than a couple, I bet (optimisticaly). Add to that that race boats are far from being all weather - if the waves get in, they'll flip over pretty easly. So compared to normal, usable boats, the dolphin still does pretty well.
If dolphins are that smart, why haven't they built cities? Or vehicles? Where is their historical record, their literature?
Dolphins are vastly superior to human beings : they don't need to have cities nor vehicules ; they're fit to their environement far better than we are to ours. They're actually among the fastest creatures in the water. Our best boats are just close to their top speed, after 15.000 years of so-called "scientific evolution". They don't need to work to buy food : they can grab a snack whenever they want, wherever they want. Try to catch a rabbit on your own ! They're smarter than humans : no dolphin would attack one of its sibblings. So they can spend an entire laid-back life, probably telling themselves fun stories about us, forever enslaved and fighting hostile conditions.
But there is more : being a dolphin, you would have a lifelong erection, and not having to go to the old trick of "- Here is your aspirin darling ! - What for, I've got no headeache ? - Fine, let's shag!" to have sexual relationships.
If I were on metempsychosis, I would DIE to reincarnate into a dolphin.
Slashdot Mirror
It depends ; if they have both, yes ; if they have an exclusive contract with pepsi, no.
This in fact is not as impossible as it may sound ; I know first hand someone who happened to be caught in a situation of this kind ; on his first arrival in Paris, he took the phone and asked the YP for a Taxi company number. He was told that they weren't allowed to choose one on his behalf. So he said, whatever, give me all companies numbers ! The reply was : there are 3 of them, and we can only give two phone numbers per call...
It makes it right in France, only in France, but on our whole territory without exception.
How's this for an argument: A Frenchman says to an American that the war in Iraq is illegal and unjust. The American reply's: shove it Frenchy... Preemptive wars are how we do things in America. Therefore, it's just and legal.
You're making a confusion ; when we say it's illegal for the USA to invade Irak in front of international laws, it just means we won't send troops, we won't pay, the ONU won't spend money to help you. Appart from that, you of course do as you please, if you're happy to spend thousands of american lives in a pointless venture, and a couple of billons, it's your problem. As long as I don't pay for it, I don't care. Now, try sending troops in Little Britany, and the nature of the problem will be very different.
The question is not about search engines, but about a corporation masquerading behind a search engine to promote an illicit advertizing service.
Perhaps as a laywer you can give some insight about why Google needs to care at all about French law and French court judgements? Provided it doesn't operate any office or facilities in France.
Trouble is, they do. And they do because they think they have a financial interset in doing so. But after all, they have option : either they comply with our law, and make advertizing the way we think it's acceptable in our country, either they leave. We've got plenty of search engines already complying with our laws, we don't need another one pushing those out of the market by using illegal sources of income ! What would you think of it, if some companies would try to settle wrongfully in the US, using illicit money to gain top places on markets, therefore taking an edge over law-compliant competitors ? Oh, yes, you've already Microsoft,forget it.
I've got a wonderful business model, but it's violating a federal law in the US. What should I do ? In your opinion ?
When you say "we don't care", who are you speaking for exactly? The average Internet user in France, or French lawyers?
french lawyers of course ! American trademarks laws are your problem, not mine.
Absolutely not ; the scope is much broader, covering Bruxelles' eurocrates, international companies CEO, and in fact all those who think that when the law doesn't fit their own private intersets, it's up to the law to change, and up to them to comply because they have the cash. Laws were and are made for the people, not private interests.
Since France has had a law for this for 100 years, it must be good and just! Who cares if it's backwards and outdated?
The root of this decision is the 1382th art. of the Civil Code ; rip it away, and you simply have no more civil law because this is the most fundamental article on civil liability. Some may prefer it, but I'm nearly sure you wouldn't like it on your personal scale. It's there since 1804, and you can find it worded about the same in the roman law before it. May I add that most european countries have exactly the same principle ?
Those adds are also forbidden in France ; if you believe we're spoon-fed the same ad campaigns you've got on MTV, you're dead wrong. And any big international company knows it since a long long time. Google should definitvely have known it as well.
The parent article is awfully misleading. Our legal systems differ on trademarks enforcement, and google fell in a trap it should have avoided by simply asking a competent local lawyer. Who's concerned ? google.FR ; why ? so-called anti-americanism ? Bullshit. We've got cases of the very same nature dating back to the 19th century between french firms. Google pobably thought they could come down there and do business as they see fit, but we're not a 3rd world country, and you can't bribe judges to twist the law. It has nothing to see with governement either.
So what's it all about ? Unfair competition. It has been ruled for over a 100 years that it is a civil wrong for a company to use the efforts made by another firm to promote its trademarks. Little example : A has a trademark 'a' ; B pays 'wall mart' for, whenever a consummer wants 'a' product, to give him a discount on 'b' product, or advertize 'b'. Why ? because B is in fact capitalizing on the money A spent to have 'a' trademark known to the public, without paying back A for this effort, thus 'stealing' it from A. 'wall mart' is wrongfully getting a profit out of it either.
The case of YP is different, because when one checks the YP, it looks for a type of good or service, and the YP comprehensively lists all the places you can find one, in alphabetical order, and no discrimination ; you can't check the YP for a trademark.
You may have a different opinion in the USoA, but know what ? We don't care.
In the modern history of the occidental world would probably more accurate. Just think how many churches ' wall paintings of the XVth - XVIth century were collaborative work, and the time span needed to actualy build those churches. Yet they offer a tight integration of different archiects visions as well as unity of artistic realisation.
OpenOffice is too busy trying to imitate Microsoft Office. And don't get me started on the Gimp. Again, great idea, but the user interface is a travesty. So basically, you mean that imitation is bad, but whenever a soft goes its own way, it's bad because the average Joe user is lost ? So what is your proposal, appart from all selling our souls to Bill ? I admit there is a sense of efficiency in it - the same efficiency that finally drove DEC out of buisness for having thought that they earned the computer buisness with the pdp / vax and didn't understood that users wanted alternatives they finally found in the microcomputers. Clearly, Microsoft might be successful in locking the micro buisness, firefighting every attempt from outsiders to settle in it ; but they'll lost in the long term, because they'll fail to admit that the market can go away. I don't know wether it will be via pda's, smartphones or whatever, but my strong feeling is that the computer as we know it is doomed because microsoft is locking it, urging the innovation to find a new niche.
What you're looking for is called GNUStep.
French is not an official language of the US ;)
I thought that the official version of the Civil code of Louisina is the 1875 (if I remember well) french version ; there is an english translation for day to day use, but whenever versions differs, the Judge should apply the french one. Therefore, french is still an official language for some purposes in the US.
Disclaimer : I'm not an US lawyer.
The legacy of alpha lives in AMD processors, and inspired many pseudo-new features in most chip makers.
Moreover, as long as my PWS lives, the alpha will be my station of choice for work. And you'll have to pry it from my cold, dead, fingers.
My guess is that spywares would be difficult to find if they are embeded into wires (say from keyboard to case) ; would work regardless of the operating system, and would need sharp eyes to get spotted.
Beyond that, why oh why oh why does every word processor default to changing e-mail addresses to clickable links? If my document is formatted in black 12 pt Arial I do NOT want anything on my page changed into blue underlined Times New Roman. If I had mod points, I'd have given you all of them. Just to add my little grain of salt : I haven't tried the new version yet, but all the previous releases I looked at missed one absolutely crucial feature : they just couldn't create footnotes. When you're in the humanities, that's an absolute NO GOOD.
I've yet to try Xen, but as of now, I just need basic windows compatibility to launch closed softwares (most of them being databases of law articles on CD-ROM to copy / paste extracts in linux Openoffice for research purpose), and Qemu does just that.
I only wish it could play GTA3-VC !
Thank you for correcting my mistake.
Errare humanum est, but true evil happens under the false sense that one actually knows something.
I was so convinced I was right it didn't even occured to me that I might need to check.
That lesson is as old as Icarus I guess.
We've go a saying for this : a child who tumble inadvertantly over porn is not enough overlooked by the adult in charge of him, and that's the adult responsability ; a child who finds porn after looking for it is not a child anymore.
How do you spell "weapon of mass destruction" in Choktaw ?
Shame on me ; that's it, and moreover it's the french word for that device. I thought there must have been another word in english, and unable to grab it from the top of my head, I used 'catapult' instead. Not surprising though wrt England history that the french word remained in the lexic.
Kepler did. In Dissertatio cum nuncio sidero, if memory serve.
I'm a true fan of J. Kepler, perhaps the most brilliant mind of all times.
Probably, but you never know... plus carftsmen of the past had shared secrets which got mostly lost over time (blame wars, plague, etc.) as how to build very light and yet solid structures out of wood (and eventually, stone). Think about european cathedrals. Most of them were made without any blueprint. That's truely wonderful. Re-building a working replica sometimes is the only way to go to get back that knowledge. I once saw a documentary on our Discovery channel's sibbling, about the making of a middle-age catapult. The first real life attempts broke themselves into pieces until they managed to understand archeological evidences and set all ratios back to what they once were, and then put the thing on wheels which were not used to carry the weapon around (as was unanimously beleived), but to handle the recoil. Then, they achieved pretty nice accuracy out of what was thought to be a primitive device.
The debate is how the consummers will organise to set limits on the use of it ; for instance refuse the rfid to be made PART of the good (molded in the plastic of a handle for instance), and force the producer to leave the possibility to rip it after purchase.
Where not possible (for rfid embeded into a ID card), the citizens should have a LAW passed to clearly limit the scope of use, with regards to WHO may know, and WHAT should be known. And make abuses criminal under the law.
Just my 2 .
I bet what a fair share of the commission members (including the president) found most disturbing was to realize they were badly intoxicated by their self erototoxins, because I can't imagine they just discovered there was p0rn available on the net.
Available figures are ranging from 20 km/h to 40 km/h for "normal speed" (depending on the species), with a record of 56 km/h. I agree it's nowhere near 100 km/h, but 100 km/h is for a racing motor boat with over 250 hp ; how much HP are packed in a dolphin ? Not much more than a couple, I bet (optimisticaly). Add to that that race boats are far from being all weather - if the waves get in, they'll flip over pretty easly. So compared to normal, usable boats, the dolphin still does pretty well.
Dolphins are vastly superior to human beings : they don't need to have cities nor vehicules ; they're fit to their environement far better than we are to ours. They're actually among the fastest creatures in the water. Our best boats are just close to their top speed, after 15.000 years of so-called "scientific evolution". They don't need to work to buy food : they can grab a snack whenever they want, wherever they want. Try to catch a rabbit on your own ! They're smarter than humans : no dolphin would attack one of its sibblings. So they can spend an entire laid-back life, probably telling themselves fun stories about us, forever enslaved and fighting hostile conditions.
But there is more : being a dolphin, you would have a lifelong erection, and not having to go to the old trick of "- Here is your aspirin darling ! - What for, I've got no headeache ? - Fine, let's shag!" to have sexual relationships.
If I were on metempsychosis, I would DIE to reincarnate into a dolphin.